13.2 Impeachment Processes and Outcomes

Impeachment is a powerful tool for holding federal officials accountable. The process involves formal charges in the House, followed by a Senate trial. While rare, impeachments have significant political consequences, even without removal from office.

Presidents Johnson, Clinton, and Trump faced impeachment, but none were removed. The high bar for conviction ensures impeachment isn't used lightly, requiring broad consensus for such a drastic measure.

Impeachment Process

Initiation and Charges

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• Articles of impeachment are formal written allegations of wrongdoing against a federal official
  • Specify the charges and provide evidence to support the accusations
  • Drafted and approved by the House Judiciary Committee
• High crimes and misdemeanors are the constitutional grounds for impeachment
  • Includes abuse of power, violation of public trust, and other serious offenses
  • Interpretation has evolved over time to encompass a wide range of misconduct
• House of Representatives' role is to investigate and vote on articles of impeachment
  • Simple majority vote in the House is required to approve the articles
  • If approved, the official is considered impeached but not yet removed from office

Trial and Conviction

• Senate trial is presided over by the Chief Justice of the Supreme Court
  • Senators serve as jurors and hear evidence presented by House managers (prosecutors)
  • Accused official has the right to legal counsel and can present a defense
• Chief Justice's role is to ensure a fair and impartial trial
  • Makes rulings on procedural matters and admissibility of evidence
  • Does not have a vote in the final verdict
• Two-thirds majority (67 out of 100 senators) is required to convict and remove the official from office
  • High threshold ensures that removal is reserved for serious offenses with broad consensus
  • Prevents impeachment from being used as a partisan political tool

Consequences of Impeachment

Removal and Disqualification

• Removal from office is the immediate consequence of a conviction in the Senate trial
  • Official is stripped of their position and must vacate the office
  • Vice President or next-in-line assumes the vacant role (in case of presidential impeachment)
• Disqualification from future office is an additional penalty that the Senate may impose
  • Prevents the convicted official from holding any federal office in the future
  • Requires a separate vote and only a simple majority to approve

Impeachment in Practice

Historical Cases

• Historical impeachments have been rare, with only three U.S. presidents facing formal impeachment inquiries
  • Andrew Johnson (1868) was impeached but acquitted in the Senate trial
  • Bill Clinton (1998) was impeached but acquitted in the Senate trial
  • Donald Trump (2019 and 2021) was impeached twice but acquitted in both Senate trials
• Other federal officials, such as judges, have also faced impeachment proceedings
  • Samuel Chase (1804), a Supreme Court Justice, was impeached but acquitted
  • William Belknap (1876), a Secretary of War, resigned before his Senate trial

Political Implications

• Political implications of impeachment can be significant, even if the official is not ultimately removed
  • Impeachment proceedings can damage an official's reputation and public trust
  • Partisan divisions often become more pronounced during impeachment inquiries
• Impeachment can also have electoral consequences for the parties involved
  • Public opinion may shift in favor of or against the impeached official's party
  • Impeachment proceedings can energize or demoralize each party's base voters